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SECTION 00250 LOCAL PREFERENCE IN PURCHASING OR CONTRACTING Effective August 1, 2009, Indian River County adopted a local preference ordinance, Ordinance No. 2009 - 010 as set forth below: Section 105.041 LOCAL PREFERENCE IN PURCHASING OR CONTRACTING A. DEFINITIONS (1) "Local business" shall mean a business that meets all of the following criteria: (a) Has had a staffed and fixed office or distribution point ,with a verifiable street address, located within Brevard; Indian River; Martin; Okeechobee; Osceola; or St. Lucie County for at least one (1) full calendar year immediately prior to the issuance of the request for competitive bids or request for proposals by the County. Post office boxes shall not be used or considered for the purpose of establishing a physical address; and (b) Has had, for at least 12 months prior to the date of the advertisement for the particular good or service being solicited, a current "Local Business Tax Receipt" issued by Brevard; Indian River; Martin; Okeechobee; Osceola; or St. Lucie County, if applicable; and (c) Holds any license or competency card required by Indian River County; if applicable (d) if the contract is awarded, will be the person or entity in direct privity of contract with Indian River County and not as subcontractor, or any lower -tier subcontractor, materialman, or supplier. and (2) "Non -local business" means a bidder that is not a local business, as defined herein. B. CERTIFICATION. Any person or entity claiming to be a local business, as defined herein, and desiring to receive local preference, shall complete and submit, together with all required attachments, a "Local Business Certification Form " in the form provided by the County and contained within the bid package accompanying a public notice/advertisement. Any bidder who fails to complete, and submit the "Local Business Certification Form" together with all required attachments with their bid shall not be granted local preference consideration for the purposes of that specific contract award. The Purchasing Division shall determine if a person or entity meets the definition of a "local business." C. LOCAL PREFERENCE IN PURCHASES BY MEANS OF COMPETITIVE BID. In connection with any solicitation to which this Ordinance applies, Indian River County will give preference to local businesses in the following manner: 1.When a qualified and responsive, non -local business submits the lowest price bid (herein, "Apparent Low Bidder"), and the bid submitted by one or more qualified and responsive local businesses is equal to or within five percent (5%) of the price submitted by the Apparent Low Bidder, then the local business with the apparent next -lowest qualified and responsive bid offer (herein, the "Lowest Local Bidder") shall have the opportunity to submit an offer to match the price(s) offered by the Apparent Low Bidder as follows: (a) the Purchasing Division shall invite, in writing, by e-mail, fax, or certified mail, the Lowest Local Bidder to submit a written matching offer to the Purchasing Division (herein "Invitation"); (b) the Lowest Local Bidder may, but shall not be obligated to, submit a written matching offer to the Purchasing Division within five (5) business days after receipt of the Invitation; 00250 - LOCAL PREFERENCE IN PURCHASING OR CONTRACTING Bid text2009.doc 00250 -1 F:\Public Works ENGINEERING DIVISION PROJECTS\0946-47TH Street (US1 to Terminus Point)Wdmim\bid documents\0946 Contract Documents\00250 - LOCAL PREFERENCE IN PURCHASING OR CONTRACTING Bid text2009.doc